Thursday, August 3, 2017

Topsy-turvy

Bill C-15 - An Act to amend the National Act [NDA] which was enacted on June 19, 2013 provides for the creation of criminal record for an accused condemned for a range of disciplinary offences – such as s. 129 - Conduct to the Good Order and Discipline - IF, it is a big if, the sentence [see Scale of Punishments below] is higher that Severe Reprimand or if the Fine exceeds one month’s pay. This is a most unusual provision. Section 249.27 of the NDA (thankfully not yet in force) allows for the generation of a criminal record NOT because of the objective gravity of the offence but because of the
severity of the sentence. As the French saying goes: "C'est le monde à l'envers!"Scales of Punishments. Section 139 of the NDA provides for the following scale of punishments in descending order of severity; A. Imprisonment for life; B. Imprisonment for two years or more; C. Dismissal with Disgrace; D. Imprisonment for less than two years; E. Dismissal; F. Detention; G. Reduction in rank; H. Forfeiture of seniority I. Severe Reprimand; J. Reprimand K. Fine; and L. Minor punishments